Posted on 01/31/2009 12:29:20 AM PST by Red Steel
OTHER LAWSUITS HAVE FAILED, BUT THIS ONE WON'T! The worst part about the American judicial system is when judges dismiss claims based on lack of standing or lack of jurisdiction. Claims that are not in the correct court or which do not have the correct cause of action, should be re-directed, not dismissed!
Other lawsuits seeking Barack Hussein Obama's original long form birth certificate were either filed in the wrong court or filed with the wrong cause of action; that didn't mean there was no valid claim.
There are divorce courts, and family courts and probate courts and tax courts and criminal courts and civil courts and county courts and state courts and federal courts; how is a person to know which court to go to? Getting the right cause of action is just as tricky as getting the right court.
There needs to be a new system, file one claim in one court, then let court specialists sift it out to the right jurisdiction and for the right legal cause of action for standing. That would make a lot of new jobs, and save a lot of wasted money filing in the wrong jurisdiction for the wrong cause of action resulting in loss of standing. CLASS ACTION LAWSUIT AGAINST PRESIDENT BARACK HUSSEIN OBAMA FOR FRAUDULENT CONCEALMENT OF MATERIAL FACTS THAT HE ALLEGEDLY HAS A DUTY TO PROVIDE VOTERS BECAUSE HIS "CERTIFICATION OF LIVE BIRTH" SHOWS THIS LEGAL NOTICE IN TINY PRINT IN THE LOWER RIGHT HAND CORNER, "[HRS 338-13(b), 338-19].
Ms. Cris Ericson, registered voter and resident of the State of Vermont, believes that President Barack Hussein Obama has a legal DUTY to provide voters with material facts that he is currently allegedly fraudulently concealing.
Ms. Ericson believes that the legal DUTY is required by the legal notice on his "Certification of Live Birth" which, in the lower right hand corner, in tiny fine print, states: [HRS 338-13(b), 33819].
Ms. Ericson is hoping to find an attorney licensed to practice law in federal courts to file a class action lawsuit, PRO BONO, on behalf of herself and other registered voters who want to know, and who need to know, and who allegedly have a legal right to know if the legal notice is based on material facts that would reveal that President Barack Hussein Obama is not a Natural Born Citizen, and may reveal that President Barack Hussein Obama is a naturalized citizen. Ms. Cris Ericson believes that the material facts that the legal notice represents may provide legal cause of action to allegedly prove continuing fraud in a fiduciary capacity against taxpayers and voters by President Barack Hussein Obama, former Vice President Dick Cheney, and each and every member of the United States Congress.
Was it fraud against taxpayers and voters for each and every member of the United States Congress on January 8, 2009 to vote without first issuing a subpoena for Barack Hussein Obama's original long form birth certificate? Was the Congressional certification of Electoral College Votes on January 8, 2009 an act of conspiracy to defraud voters and taxpayers
because former Vice President Dick Cheney asked for members of Congress to vote without informed consent, and this resulted in an alleged possible conspiracy to issue forth certified votes as fraudulent conveyances? 0its officers under 28 USCS Section 1491 Claims against the United States. http://ucfc.uscourts.gov Federal Claims Court http://uscode.house.gov/searchcriteria.shmtl Online law library
28 USCS Section 1491 Claims against United States The United States Claims Court (United States Court of Federal Claims) shall have jurisdiction to render judgment upon any calim against the United States founded either upon the Constitution or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States. (2) To provide an entire remedy and dto complete the relief afforded by the judgment, the Court may, as an incident of and collateral to any such judgement, issue orders directing restoration to office or position, placement in appropriate duty or retirement status, and correction of applicable records, and such orders may be issued to any appropriate official of the United States. In any case within its jurisdiction, the Court shall have the power to remand appropriate matters to any administrative or executive body or official with such direction as it may deem proper and just.
"Court of Federal Claims is Article I Court of limited jurisdiction created by Congress as forum where private parties could sue government for non-tort money claims, where claims would otherwise be barred by sovereign immunity." Slovacek v United States (1998) 40 Fed Cl 828, 98-1 USTC 50397, 81 AFTR 2d 98-1859. "Congress created Court of Federal Claims to afford individuals forum to bring specific claims against government; while placing jurisdictional limits upon Court, Congress did not intend those jurisdictional limits to be manipulated to prevent claimant from recovering compensation against government." Davis v United States (1996) 35 Fed Cl 392. "Jurisdiction under 28 USCS Section 1491 applies only to contracts either express or implied in fact, not implied in law, where (1) agreement implied in fact is founded upon meeting of minds, which, although not embodied in express contract, is inferred from conduct of parties showing their tacit understanding, while (2) by contrast, agreement implied in law is fiction of law where promise is imputed to perform legal duty." Hercules Inc. v United States (1996, US) 134 L Ed 2d 47, 116 S Ct 981, 96 CDOS 1403, 96 Daily Journal DAR 2395, 40 CCF 76894, 9 FLW Fed S 442.
In President Barack Hussein Obama's "Certification of Live Birth" you can see, in the lower right hand corner, the legal notice: [HRS 338-13(b), 338-19] and then please go to http://www.capitol.hawaii.gov and on the right hand click on Hawaii Revised Statutes. HRS 338-19 is a birth certificate issued as a "copy" relying on documents that were too old to be used, and or otherwise in such condition that they could not be used. The statute is contradictory because if the documents were too old or in too poor a condition to be used to certify, then why did the State of Hawaii issue a "copy" that was based on possibly non-legible material? It makes no common sense. The Statute is contradictory, overly vague, overly broad and therefore unconstitutional.
HRS 338-13(b) is subject to the requirements of HRS 338-16, HRS 338-17 and HRS 338-18. These are for birth certificates that are issued one year or more after birth, and for certificates that have been altered, and/or both. This set of statutes also gives a party legal standing to request a judicial determination of the validity of the birth certificate because it was issued one year or more after birth and/or altered. "Court of Federal Claims lacks jurisdiction to hear claims against States or their Agencies except where States or their Agencies acted as agents of United States." Hassan v United States (1998) 41 Fed CL 149.
Clearly, the State of Hawaii and the Agency of the Department of Health of Hawaii, have acted as agents of the United States Congress, former Vice President Dick Cheney and President Barack Hussein Obama because the Governor of Hawaii, Linda Lingle, sealed President Barack Hussein Obama's original long form birth certificate and all underlying information upon which the "Certification of Live Birth" was issued. The "Certification of Live Birth" is just a "short form" certificate with none of the information that a regular "long form birth certificate" has. "Plaintiff's federal tort claim against government is not dismissed prior to discovery on grounds that discretionary function exception of 28 USCS Section 2680(a) applied, because factual issues and evidence to support those issues are not presently known to plaintiff, and dismissal of action prior to discovery would be premature and unduly harsh." Fanoele v United States (1995, DC Kan) 898 F Supp 822.
(1) The United States Congress failed to do their duty to obtain any long form birth certificate of Barack Hussein Obama before certifying the Electoral College Votes.
(2) Former Vice President Dick Cheney failed to do his duty to ask for objections to the Electoral College vote.
(3) President Barack Hussein Obama has failed to do his duty to release the information upon which statutes HRS 338-13(b) {which is subject to the requirements of 338-16, 338-17, 338-18} and 338-19 were legally required to be noticed on his "Certification of Live Birth".
(4) All of the Judges and Justices in State and Federal Courts, including the Supreme Court of the United States, where previous plaintiffs have tried various motions to compel material facts and subpoena Barack Hussein Obama's original long form birth certificate, have denied all such actions, and therefore, the legal jurisdiction and the legal standing rests with the United States Court of Federal Claims; either that or the Judges and Justices are in conspiracy to conceal material facts from voters and taxpayers.
(5) The Hawaii "Certification of Live Birth" of Barack Hussein Obama was issued one year or more after he was born, and/or altered. We, the people, need to know why. The "Certification of Live Birth" also gives a legal notice: (Rev. 11/01) which is absolute proof that Barack Hussein Obama received this "Certification of Live Birth" after he was already 40 years old. What took him so long? Why did he receive this "Certification of Live Birth" which was issued when he was 40 years old, or older, after September 11, 2001, the Terrorist Attack on the United States of America? Where was he living during the Terrorist Attack on the United States of America and why did he need to get a "Certification of Live Birth" after the attack, and how much was it altered from the original long form birth certificate?
WE, the PEOPLE, NEED TO KNOW! Hawaii has different standards for evidence than Federal Rules of Evidence.
"District Court did not abuse its discretion in applying Federal Rules of Evidence rather than Hawaii Health Department Rules in finding results of intoxilizer test admissible under public records and reports exception to hearsay rule of Rule 803(6)(8)." United States v De Water (1998, CA9 HAWAII) 846 F2d 528, 25 Fed Rules Evid Serv 748.
President Barack Hussein Obama now needs to be held to the standards of Federal Rules of Evidence because he now holds the Office of the President of the United States of America, and his "Certification of Live Birth" should now be required to be determined if it can, or can not, withstand federal scrutiny.
Ms. Cris Ericson would like to encourage voters and taxpayers to join her in a Class Action Lawsuit to subpoena the material facts, the original long form birth certificate of Barack Hussein Obama in the United States Court of Federal Claims. She needs a Pro Bono attorney.
Ms. Cris Ericson http://crisericson.com 879 Church Street, Chester, Vermont 05143-9375 (802)875-4038 Please send a certified return receipt letter. Thank you and God Bless America!
Until I see a REAL C.O.L.B. BC,
he's just "PRES__ENT" Obama = Without "ID"
Very interesting.
Ms. Cris Erickson please contact MissDairyGoodnessVT
Oh, that’s *good*.
Hope ping.
Actually I’m a bit simplistic concerning this absolute empty suit as being legitimate, I’d cite voter fraud on a massive scale that would not even compare on 2004 scale, but I must be the retarded few that care about that. and so far as the COLB or whatever, makes me thing he’s the interloping manchurian candidate that certain pasages from the bible warns us about. But in the end, I so despise the things he stands for, and the whole way that the press elected him, and the way that the Libtards brainwashed our youth to accept him that he will never be my president. It’s actually weird in a way, this O guy is actualy supposed to be a constitutional scholar, that swore an oath to uphold the very tennents of which he despises, that appointed the most anti second ammendment foe to head the justice dept, after he said on TV he thought it was every Americans right to personally own a firearm for home defense. I am not that stupid, I know what this empty suit did in the Illinois senate, and the complicit MSM did NOTHING. NOPE this dolt is no president of mine, and NEVER WILL BE.
Send this information to her:
Ms. Cris Ericson http://crisericson.com
879 Church Street,
Chester, Vermont 05143-9375
(802)875-4038
Hammer me if you will, ban me if you will, but these lawsuits are ridiculous. They are meritless and we need to keep our eye on the ball if we are to regain the majority.
[applause!]
We now are experiencing an anti-President of the same nature.
We now are experiencing an anti-President of the same nature.
This anti-president is rapidly leading the US into the dark ages....
HRS 338-13(b) is subject to the requirements of HRS 338-16, HRS 338-17 and HRS 338-18. These are for birth certificates that are issued one year or more after birth, and for certificates that have been altered, and/or both.
Rather than being a big discovery, this is stupid and bogus.
1. The same statute numbers are probably printed on every COLB.
2. 338.19 is just cited to justify issuing the "certifications" rather than hauling out 50 year old documents every time someone wants a copy of their birth certificate.
3. 338-13(b) just says that certified copies will be considered the same as the original (note that the author omitted this) subject to sections 338-16, 338-17, and 338-18.
4. 338-16 says that birth certificates issued one year or more late have to be clearly marked "late" or "altered". Note that Obama's COLB is not so marked and again the author has omitted this important fact.
5. 338-17 applies to "late" or "altered" records but Obama's COLB is not one of these or it would be so marked.
6. 338-18 has to do with who the records may be released to.
It's time to move forward and work on taking back Congress in 2010 and the White House in 2012. Michael Steele as the new head of the GOP is a step in the right direction.
Yet the COLB posted on silly putty’s site and the COLB posted on Daily Kos had the number of the certificate re-dacted.
please let me know if i’m making any sense here because if you remember the certificate number was blacked out
nice
Excellent tagline!
They are not meritless. They are futile, and going nowhere. But that is not the same as being meritless.
The author of this article is trying to make a mountain out of a molehill based on some standard printing at the bottom of the form that references some Hawaiian laws (see my previous post). You can see the thing he is talking about here.
Well put. I have pretty well resigned myself to accepting as fact that no one in a position of authority is going to take up the cause.
I consider it a major indication that we are in for troubled, more troubled, times if we can’t even find a way to make sure that our President is qualified to be in the office.
Wanna bet?
It might start with a military officer ordered to take an act he/she considers unconstitutional/unlawful, refusing to do so and being punished as a result, claiming that there was no constitutional authority for the order.
It might not win. It would move along, however.
I've been watching these "actions" since the election, I agree he should be compelled to show the COLB and a lot of these good legal cases have been arbitrarily dismissed.
Whether you believe in the merits of the cases or not, We are a land of laws and the Citizens of this country MUST be able to petition the courts for redress, so its not good to berate or "make fun" of the people bringing them... In this battle we need ALL allies.
Just as the Dems have used different groups for years to cement their base, we must use EVERY avenue to achieve our ends, as long as we don't violate our values and principles to do it!
I knew you could!
Run along now...
;-/
We need to standup for Conservatism, because when you do so, it wins. Case in point: The truth must be told regarding Obama’s citizenship- it’s the Constitution!
No, I won’t hammer you. But the lawsuits are not ridiculous. Millions of people are now asking, “why wasn’t this Senator Obama carefully vetted by the Democrat Party?”
Is Obama, for whom a birthplace monument in Mombasa, Kenya, is now being erected, a “natural born Citizen”, or is he a citizen of Kenya (or Indonesia) and an illegal alien who came here on a foreign student visa and overstayed beyond the visa’s allowable time limit?
Terrific report and terrific case! One of these cases will hit it just right and ZERO will be removed!
“Hammer me if you will, ban me if you will...”
-
Advice to newbies:
You are not required to click on and comment on
articles and threads that you have no interest in.
Unless you just want to be a trouble-maker.
I guess someone made a wrong turn off the trollroad.
Therein lays the problem. Conservatives are no longer a majority in the GOP, so the GOP regaining the majority is pointless to most conservatives. All we wind up with is a lighter form of socialism.
It's time for Americans to roll up our sleeves and do what's best for America....and politics be damned.
If it takes slinging lawsuits against the wall until one sticks, I say "Hooray for our side!"
[and this post isn't a 'hammer', BTW. It's JMHO]
“The author of this article is trying to make a mountain out of a molehill”
I recollect a fellow named Al Capone who thought charging a murderer for tax evasion was a joke.
As I recall it, sending Al Capone to jail on tax evasion destroyed his Chicago gang as well.
a curious example with unintended similarities.
§338-16 Procedure concerning late and altered birth certificates. (a) Birth certificates registered one year or more after the date of birth, and certificates which have been altered after being filed with the department of health, shall contain the date of the late filing and the date of the alteration and be marked distinctly “late” or “altered”.
It doesn't say anything about marking the short form certification (Obamas' COLB) that's issued in lieu of any of the 3 types of certificates that can be on file. I think it's saying it'd be those certificates which would themselves be marked, and probably have a reference to: "Such evidence shall be kept in a special permanent file.". And on a long form certificate, I think the last line on the form is where any such information would be filled in.
Also, note that on Obamas' certification, it's marked as "filed" as opposed to "accepted". Still trying to figure that one out.
Great tagline!
Better the rioters burn thier cities down than for them to have to be burned down in civil war.
I don’t get it...if someone robs a bank do the police say, “We’ll never find him” and give up? Or do they and everyone involved (bank security, FBI, etc.) get out and investigate until he’s found? The robber took something that wasn’t his. Obama is trying to take the Constitution from us by using his Alinsky methods. It’s not his to take. It belongs to us and he can’t have it.
Doug
Hey, a little respect, after all he is PRES__ENT!
(Darn I do like that tagline).
“We” are capable of multi-tasking—it’s no problem at all. Anytime I here “drop the suits,” “no merit,” “let’s move on” or anything of that sort I know it’s not a genuine constitutionalist talking but rather someone who is here to demoralize and sow discord.
Hey, a little respect, after all he is PRES__ENT!
(Darn I do like that tagline).
***I like presents for my birthday, Christmas, etc. He’s like a “white elephant” gift. Or is it a “black elephant” gift? Whatever...
Trolling is as trolling does. People who signed up after the election and haunt eligibilty threads when they say the issue is silly are extremely suspicious.
I don’t know about anyone else but I don’t seek out threads dealing with matters that I don’t take seriously. These guys show up on eligibilty threads as if somebody shot them out of a cannon.
Haven’t you ever run across people that can’t walk and chew gum at the same time? Seems like there are some of those here.
Good one.
He is just "resident Obama"!!!
Good point.
... (a) Birth certificates registered one year or more after the date of birth, and certificates which have been altered after being filed with the department of health, shall contain the date of the late filing ...
It doesn't say anything about marking the short form certification (Obamas' COLB) that's issued in lieu of any of the 3 types of certificates that can be on file.
In any case, according to Obama's COLB, his birth certificate was filed on August 8th, 1961, when he was only 4 days old, not more than a year late.
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